Malaysia TOP 100 Divorce Frequently Asked Questions (FAQ)-PART 24

Question 60

🔹If I find out after marriage that my husband is unable to consummate the marriage, what options do I have other than waiting for two years to apply for a divorce? I don’t want to wait that long, are there any other ways?

🔸You can apply to the court for a decree of nullity of marriage.

Question 61

🔹Will a decree of nullity of marriage have any impact on our children?

🔸Children under a decree of nullity of marriage will still be the legitimate children of both parties.

Question 62

🔹What is maintenance?

🔸Maintenance is to ensure that both parties can still maintain a certain standard of living after divorce, which includes living expenses, accommodation, medical expenses, dental expenses, and even transportation costs.

Question 63

🔹How many types of maintenance are there?

🔸Maintenance can be divided into two types, which are:

📌Paying a fixed amount to the other party every month.

📌Paying a lump sum to the other party.

Question 64

🔹Can maintenance really be claimed as a lump sum? Are there any legal provisions stating that a lump-sum maintenance can be claimed?

🔸Although family law does not provide any specific provisions regarding lump-sum maintenance, the court can still make arrangements for a lump-sum maintenance for the purpose of achieving a “clean break” between both parties.

Question 65

🔹Under what circumstances can I claim maintenance?

🔸Maintenance can be claimed under the following circumstances:

📌During matrimonial proceedings and pending trial.

📌Upon the granting of a decree of divorce or judicial separation.